SECTION 595:1-3-3. Administrative hearings

(a)   All hearings of the Department of Public Safety shall be conducted according to the rules of this Chapter to the extent not otherwise provided for by statute or other rule.

(b)   A person has the right to request a hearing before the Department of Public Safety whenever he or she has been aggrieved or adversely affected by an act or refusal to act, or by the issuance of an order or decision by the Department which is subject to review under any applicable statute. Hearings before the Department fall into four categories:

(1)   Hearings under Title 47. Hearings which are specifically provided for and follow those procedures set forth under Title 47 of the Oklahoma Statutes:

(A)   Implied consent hearings. Implied consent hearings, involving driving privilege revocation for refusal to take or failure of a breath or blood test for alcohol concentration, are specifically provided for and follow the procedures of the Oklahoma statutes. [47 O.S. §751 et seq.].

(B)   Impounded vehicle hearings. Impounded vehicle hearings follow the procedures specifically provided for under 47 O.S. §903A.

(C)   Parking violations on certain state property. Hearings involving parking violations on certain state property, as set forth under 47 O.S. §11-1009, are conducted according to state law.

(2)   Hearings under the Administrative Procedures Act - Wrecker or towing service hearings. Wrecker or towing service hearings resulting in wrecker license cancellation, revocation, or refusal to issue or renew the license, follow the procedures set forth under the Administrative Procedures Act [75 O.S. Art. II] except for those hearings related to vehicles impounded by public agencies which are specifically provided for and conducted according to 47 O.S. §903A.

(3)   Hearings under Department rules. Hearings provided for by specific rules set forth by divisions within the Department:

(A)   Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act. Hearings involving penalties for violation of the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act [47 O.S. §230.1 et seq.] are conducted as set forth in 595:35-1-9. [47 O.S. §230.9(F)]

(B)   Oversize and overweight vehicles. Hearings involving the denial or suspension of a permit for oversize and overweight vehicles are conducted as set forth in 595:30-5-3.

(4)   Hearings set forth in this Chapter. Hearings conducted according to the rules of this Chapter:

(A)   Points violations. Hearings on points violations resulting in suspension of driving privileges [47 O.S. §6-206].

(B)   Medical aspects. Hearings on medical aspects relating to a driver's affliction with physical or mental ailments which may cause loss or partial loss of control of or incapability of properly controlling a vehicle [47 O.S. §6-119 et seq.].

(C)   Financial responsibility hearings. Financial responsibility hearings involving the suspension of driving privileges for an owner or driver of a motor vehicle involved in a collision resulting in personal injury, death, or property damage of over three hundred dollars ($300.00) where there is no security (liability insurance) [47 O.S. §7-101].

(D)   Other hearings. Other hearings conducted within the discretion of the Commissioner of Public Safety [47 O.S. §2-115].

[Source: Amended at 16 Ok Reg 3140, eff 7-12-99; Amended at 17 Ok Reg 3011, eff 7-15-00; Amended at 19 Ok Reg 2683, eff 7-15-02; Amended at 21 Ok Reg 2994, eff 7-25-04]